Digests
Latest Posts
Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15 (21 April 2022) Intro:- The plaintiff seeks writs of certiorari and mandamus in relation to a decision of a delegate ("the delegate") of the defendant ("the Minister") to refuse to grant her a protection visa under the Migration Act 1958 (Cth), based on adverse credibility findings relying in part on her failure to provide further information supporting her claims. The plaintiff's application should be upheld on the ground that the delegate unreasonably exercised the discretion under s 62 of the Migration Act to refuse to grant her a visa without taking any further action to obtain additional information. Facts:- The plaintiff, a
Kozarov v Victoria [2022] HCA 12 (13 April 2022) Intro:- This appeal arises out of proceedings commenced in the Supreme Court of Victoria for damages for the negligent failure of the respondent to prevent psychiatric injury to the appellant in the course of her employment with the respondent as a solicitor in the Specialist Sexual Offences Unit ("the SSOU") of the Victorian Office of Public Prosecutions ("the OPP"). In February 2012, the appellant was diagnosed with post-traumatic stress disorder ("PTSD") resulting from vicarious trauma which she had suffered until then in the course of her employment. She was later also diagnosed with major depressive disorder which was found to be a coroll
Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited [2022] HCA 11 (6 April 2022) Intro:- There was no dispute at any stage of this proceeding that the Association owed a duty to take reasonable care to avoid foreseeable risks of personal injury to participants in the campdrafting event, including Ms Tapp. The Association admitted that it owed Ms Tapp a duty of care to organise, manage, and provide the campdrafting event with reasonable care and skill. The Association did not contest the trial judge's finding that "[w]hat was required in taking reasonable care was for an informed decision to be made as to whether it was safe to continue with the competition". But the Associa
Ruddick v Commonwealth of Australia [2022] HCA 9 (25 March 2022) Intro:- In 2021, after a series of amendments over many years to the Commonwealth Electoral Act 1918 (Cth) designed to reduce voter confusion at federal elections, the Commonwealth Parliament enacted items 7, 9, 11 and 14 of Sch 1 to the Electoral Legislation Amendment (Party Registration Integrity) Act 2021 (Cth) ("the 2021 Amendments"). In broad terms, those amendments constrain a registered political party from using a name or logo on the election ballot paper if that name or logo has a word in common with the name of a previously registered political party. The purpose of the 2021 Amendments is plain. It is to reduce confus
Stubbings v Jams 2 Pty Ltd [2022] HCA 6 (16 March 2022) Intro:- This is an appeal from the Court of Appeal of the Supreme Court of Victoria. Facts:- The appellant owned two houses in Narre Warren, both of which were mortgaged to Commonwealth Bank. The mortgage repayments were between $260 and $280 per week. The appellant did not live in either house; instead he lived at rental premises at Boneo, where he worked repairing boats for the owner of the property. Due to a falling out with the owner, the appellant ceased work and needed to move house. Rather than live at one of the Narre Warren properties, he sought to purchase another property on the Mornington Peninsula. The appellant was unemplo
Plaintiff Opposes Court Intervention
Camenzuli v Morrison [2022] NSWCA 51 (5 April 2022) The Federal Executive of the Liberal Party resolved to exercise a power of intervention under cl 12 of the Party’s Federal Constitution.  The constitution of a party authorises the Federal Executive to intervene in the management of a State Division.  However, the plaintiff submitted that the internal party processes of pre-selection raised justiciable issues.  The Court, in resolving this dispute, applied Cameron v Hogan (1934) 51 CLR 358; [1934] HCA 24. Facts: The plaintiff, who is a member of the State Council and State Executive of the NSW Division of the Liberal Party of Australia, sought to impugn the validity of steps taken by the Fe
Respondents Dispute Tax Assessments Disclaiming Trust Deed
Commissioner of Taxation v Carter [2022] HCA 10 (6 April 2022) The parties are in dispute over a trust deed which provided that, if the trustee made no effective determination to pay, apply, set aside or accumulate any part of trust income in a given accounting period, the income was to be held on trust for specified beneficiaries. The trustee failed to pay, apply, set aside or accumulate income in the income year.  The Court, in making its final orders, assessed whether present entitlement under s 97(1) is determined immediately prior to end of the income year and whether disclaimers operated retrospectively so as to disapply s 97(1) in respect of income year. Facts: This appeal concerns Di
Breach of Duty Alleged Against Campdraft Competition Organizers
Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited [2022] HCA 11 (6 April 2022) The appellant was competing in a campdraft competition where the appellant's horse slipped and fell causing serious injury to appellant.  It was contended that the respondent breached duty of care.  The Court, in adjudicating this dispute, assessed whether breach of duty of care caused appellant's injuries. Facts: On 8 January 2011, the appellant ("Ms Tapp") was injured while competing in a campdrafting event organised by the respondent, the Australian Bushmen's Campdraft & Rodeo Association Ltd ("the Association").  Ms Tapp's horse slipped, causing Ms Tapp to fall and suffer a serious spin
Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 41 (17 March 2022) Intro:- The appellant, Weijiang Chen, appeals from orders of a judge of the Federal Circuit Court of Australia (as it was then known) made on 21 July 2021. The primary judge dismissed an application for judicial review of a decision of the second respondent, the Administrative Appeals Tribunal (Tribunal) made on 17 October 2019, which affirmed a decision of a delegate of the first respondent, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Minister), made on 17 April 2019 to refuse to grant the appellant a subclass 485 temporary gradu
Hobart International Airport Pty Ltd v Clarence City Council; Australia Pacific Airports (Launceston) Pty Ltd v Northern Midlands Council [2022] HCA 5 (9 March 2022) Intro:- This is an appeal from the Federal Court of Australia Facts:- The Hobart Airport site and the Launceston Airport site ("the Airports") are on Commonwealth land. They are not amenable to council rates or State land tax because s 114 of the Constitution prohibits States (without the consent of the Commonwealth Parliament) from imposing "any tax on property of any kind belonging to the Commonwealth". The Clarence City Council administers the municipal area covering the eastern suburbs of Hobart and surrounding localities, i
Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 29 (8 March 2022) Intro:- This is an appeal from dismissal of application for judicial review of Administrative Appeals Tribunal’s decision to affirm decision not to revoke mandatory cancellation of visa on character grounds. Facts:- Mr Nahi is a citizen of New Zealand who has resided in Australia since 2010 when he was aged 14. Mr Nahi’s visa was mandatorily cancelled by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs pursuant to s 501(3A) of the Migration Act 1958 (Cth) following his conviction for possession of stolen or unlawfully obtai
Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 (3 March 2022) Intro:- Mohamed Khalil is aggrieved by a decision of the Administrative Appeals Tribunal affirming a decision of the Minister to refuse to grant him a Partner (Temporary) (Class UK) visa (partner visa) on character grounds. He applied to this Court for judicial review but the primary judge dismissed his application. This is an appeal from that judgment. Facts:- On 9 November 2017, a delegate of the Minister refused to grant Mr Khalil a partner visa because the delegate was satisfied that Mr Khalil had a “substantial criminal record” and did not pass the character test for
SSL Certificates